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Conference nyoss1::market_investing

Title:Market Investing
Moderator:2155::michaud
Created:Thu Jan 23 1992
Last Modified:Thu Jun 05 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:1060
Total number of notes:10477

178.0. "Prudent Man statutes?" by HELIX::LUNGER () Wed Apr 29 1992 13:36

Has anybody heard of Prudent Man statutes? I'm trying to find
out more about them... like how they are used, what they say,
are they legally binding, when they are used, etc.

All I know so far is that most states have them, and I know in
a vague sense that they somehow require at least certain
types of trusts to be diversified.

Thanks for any info you may be able to contribute...

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178.1It's like "reasonable doubt"MINAR::BISHOPWed Apr 29 1992 18:5332
    Generally, a person who acts for another financially is legally
    expected to act as carefully and prudently in the interest of the
    beneficiary as a careful prudent person would act in their own
    interest.  Persons with extra knowledge and skills (e.g. professional
    trustees, as in bank departments) can be held to higher standards.
    Salespeople in the financial field have other rules I don't know
    much about.
    
    If you are a trustee or an executor or otherwise acting for someone
    else, you are covered by various state laws which require that you
    act according to this "prudent man" standard.  This is interpreted
    by the courts in the event of a challange by an alternate trustee
    or beneficiary, etc.  If you stick with a buy-and-hold strategy
    using blue chips and high-rated bonds you'll probably be fine even
    if you lose a little money, if you buy options and win big for your
    beneficiary no-one will care.  But if you lose a lot trading safely
    (when others don't), or trade actively in higher-risk markets
    and lose money you can be held liable (I don't know whether this
    is purely civil or includes criminal penalties as well).  On the
    other hand, I believe you can buy insurance to cover this risk
    (ask about "executors' coverage"), though it's expensive.
    
    Like "reasonable doubt", it's a legal phrase that expresses a level
    of thought in everyday language.  Like "reasonable doubt", it's hard
    to quantify or define exactly, but fairly easy to give examples or
    ancedotes.
    
    Note: I am not a lawyer nor am I a trustee, etc.  The above is
    	  just my opinion and belief.  If you need a solid legal
    	  answer, ask a professional!
    
    		-John Bishop